In order to regulate the legal identification of legitimate defense，Supreme People's Court、The Supreme People's Procuratorate and the Ministry of Public Security jointly released the "Guiding Opinions on Applicing the Proportional Defense System in accordance with the law"，From the overall requirements、Specific application and work requirements，Regulations on the accurate application of a comprehensive system for accurate applications，and supporting a typical case。Similar to the practice world，The study of the legitimate defense of the academic community also focuses on the level of physical law，Try to further clarify the identification standard for legitimate defense。

But，Factation is a logical premise that the physical law is appropriately applicable。If you ignore the proof of litigation and the real trial dilemma of unknown facts，No matter how wonderful the interpretation of the criminal law theory，After all, it's just the empty tower。In the case of a legitimate defense case，If the facts related to legitimate defense are unknown，It is also difficult to properly apply the provisions of the Criminal Law。At this time, it involves the distribution of proof of legitimate defense and the degree of certification。Judicial practice proof，On the issue of the responsibility distribution of legitimate defense certification，Different allocation standards adopted by the judges，Make the processing results of similar cases is very different。Even some judges proposed that "the evidence that determines the legitimate defense is contradictory、bet365 Play online games Unable to exclude reasonable doubt "。This seems to not only require the defendant to bear the proof responsibility for legitimate defense，And this proof must reach the extent to eliminate reasonable doubt。but，This treatment plan is suspected of being disconnected from the principle of innocence in the Criminal Procedure Law。Based on this，In order to achieve the legislative spirit of legitimate defense，Before the correct application of legitimate defense laws，It is necessary to first clarify the certification responsibility allocation standard in the field of procedure law。

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In criminal proceedings，Factation is not only pursuing the accuracy of the facts，To minimize the cost of avoiding errors，also includes appropriate、Error risk of impartial allocation。The fact that the facts of legitimate defense determine unknown，How to assign error risks fairly，Certificate of responsibility distribution of legitimate defense。This distribution naturally involves the measurement and choice of value involved in value。Scholars who advocate that the defendant assume the responsibility of legitimate defense proof often put forward from the perspective of utilitarianism，It is difficult for the prosecution to obtain evidence or cannot obtain evidence at all，And the occasion that the defense is easy to proof，Let the prosecution proof of being economical，Not fair。But，For this consideration，What urgent need to reflect is，The logical premise of judicial proof is to be innocent.。The principle of innocence positive contains a solid concept of rights，This right itself is valuable，It is not a tool that can be used to achieve certain social goals (including factual discovery)。This is also the case in legitimate defense cases，The defendant is legally innocent，The proof obligation has been removed，bet365 live casino games Including the existence of proof of legitimate defense reaches a high level、Even the obligation to exclude the degree of reasonable doubt。Because in the mode of power litigation，The prosecution proves that the defendant constitutes a crime means that the prosecution must actively prove that the actor's criminal behavior，It is also necessary to exclude the existence of the crime.。

Another，In the system design of legitimate defense，Its meaning is to encourage citizens to be reluctant when faced with aggression and public power cannot be promptly carried out，Exercise its defense rights within a reasonable range，To maintain the country、The rights of my or others，and advocate the spirit of "fight against illegal behavior"，and then help to realize social justice。So，Certificate responsibility for legitimate defense allows the defendant to bear the proposition，Not only is the principle of innocent presumption that should be upheld with criminal litigation，and is not conducive to the legitimate defense rights given by citizens to exercise the law。So，As the "Guardian of Public Interests" as a modern judicial system，The prosecution cannot simply pursue the victory or discover the true case，The risk and unfavorable consequences that the legitimate defense proof can not be proof to the defendant。

　　Reflection constituent elements positive function

In the process of proof of proof of proper defense，The theory of crime composition in the physical law affects the plan adopted by the practical and theoretical circles。On the one hand，Chinese judicial practice still adopts the theory of four elements of crime composition when dealing with criminal cases，Justice defense、Emergency risk aversion these legitimate crimes are beyond the constituent system of crime。Then the referee forms a stereotype，It bet365 best casino games is believed that the prosecution only needs to prove the behavior of the actor to meet the four elements of the crime.，and the crime of legitimate defense and other crimes shall be assumed by the defendant to prove the responsibility of its existence。On the other hand，In the theoretical world，Some scholars have proposed a third -class criminal theory system，and its function of allocating proof of procedure method。In the theoretical theory of crime of third -class crime，If the defendant's behavior meets the constituent elements，You can presume that the behavior has illegality and responsibility。According to this idea，The prosecution only needs to prove that the specific behavior meets the constituent elements，You can presume that the behavior has illegality and responsibility，thus constitutes a crime。And the defender needs to prove that his behavior is not illegal and responsible，So，Illegal resistance but cause、The proof of the responsibility obstruction is attributed to the defendant。

But，Although the criminal theory system can delineate the physical law and fact scope of the actual law pointed by the liability，But it does not have the distribution function of the proof of proof of procedure。In the theory of four -key crime composition theory，Just by defense from the system of crime composition，So that the theoretical system itself is difficult to consider。Because since it is the theory of crime composition，So，Originally judged by the four elements, you can determine the crime，But in fact，In the final conviction, it is necessary to determine whether the defendant has a crime of righteous defense。Since the theory itself has defects，How to give full play to the function of liability distribution? And the presumption of the third -class crime constitutes the theory that cannot be equivalent bet365 best casino games to the predefined in the sense of procedure law。The illegality of the constituent composition in the physical law is only that the behavior of the behavior is only characterized by the front，But is it really illegal，You also need to consider whether there is an illegal exclusion from the opposite side。The presumption of the Criminal Procedure Law is the function of a compulsory transfer certificate。So，The two cannot be confused。

　　Investigation of the Criminal Procedure Mode

The distribution of legitimate defense certification responsibility is finally a problem in the field of procedural law，It needs to be clarified in conjunction with the legal provisions of a country and the criminal lawsuit mode。Whether it is Germany or Japan，Even if the third -class crime composition theory is adopted，illegal barriers but causes、Objective proof of the responsibility obstruction is borne by the prosecution。Under the guidance of the principle of innocence,，Model based on power -based litigation，Prosecutors must bear the persuasive responsibility of all sin and innocence.。In other words，Prosecutor is both the subject of prosecution crime，It also assumes the obligation to provide defense，The obligation to prove the establishment of the crime and the obligation of the crime is integrated。From this，The prosecution accuses the defendant who constitutes a crime. The possibility of proper defense must be excluded。In the British bet365 Play online games and American criminal proceedings，Affected by the tradition of humanistic litigation of the parties，The defendant has a criminal behavior and a criminal mentality that constitutes a crime and criminal punishment，Unless there is a legitimate defense, such as the existence of existence of legitimate defense，and the reason for the defense is not the element of the British and American criminal theory system。So，Even if the defendant is required to assume the responsibility of some defense for some reasons, it will not violate the principle of innocence.。Visible，In the British and American law system, this kind of handling of criminal elements and defense is completely dual -point with strong private law lawsuit。

According to the relevant provisions of my country's "Criminal Procedure Law"，In the case of public prosecution case, the defendant's guilt liability shall be borne by the Procuratorate。Judges、Prosecutor、Investigators must follow the legal procedures，Collecting can confirm the suspect、The defendant is guilty or innocent、Various evidence of the criminal circumstances。Starting from this rule，my country has adopted the model of authoritarianism criminal lawsuit，The judge has the obligation to find out the truth of the case，Prosecutors have the overall persuasion responsibility for the facts of the crime。So，The reason for the defense of legitimacy，Even if the defense does not proof，Procuratorate should also collect or review whether the damage or killing behavior of the suspect is evidence of legitimate defense，Judges also have the obligation to pay attention and review。Otherwise，Just violates the principle of innocent presumption。Of course，In criminal proceedings，The defendant does not assume the proof responsibility，Does not mean that the defendant did not prove that his behavior belongs to the right to legitimate defense。When the defendant exercises its defense right，Consultation based on its own interests and necessity，The defendant will work hard to propose evidence to persuade the referee，To shake the conviction of the defendant formed by the judge's heart，Form a reasonable doubt。But Bet365 lotto review what needs to be clear is，To exercise your right to defense，The defendant submits evidence related to legitimate defense. You only need to shake the judge's inner confidence，instead of reaching the extent of the evidence of advantages or even excluding reasonable doubt。

　(Author Unit: Wang Jian Law College of Suzhou University)